Pretrial release: pretrial assessment agencies.

(1) Existing law allows a defendant to be released under their own recognizance pending trial if a defendant files with the clerk of the court, or other person authorized to accept bail, a signed release agreement that includes various stipulations by the defendant. The bill would, for a defendant released from custody under a court's order for pretrial supervision, prohibit a defendant from being charged a fee for pretrial supervision, maintain information obtained in pretrial supervision services apart from law enforcement and criminal justice records, and make confidential information in the course of performing pretrial supervision subject to specified exceptions, including that the court may order the disclosure of information if the information is material, exonerating on the issue of guilt, and would not otherwise be available. The bill would authorize the disclosure of information to specified entities, including to the court to determine bail, release, and conditions of release, detention, compliance with release conditions, or sentencing, and to a law enforcement agency upon a reasonable belief that the information is necessary to assist in apprehending an individual. The bill would prohibit the admissibility of this information on the issue of guilt in a criminal proceeding except when the crime was committed while on pretrial supervision or a defendant failed to appear in a criminal proceeding while on pretrial supervision. (2) Existing law allows a court to employ an investigative staff to make a recommendation on whether a defendant should be released on their own recognizance pending trial. Existing law requires an investigative report be prepared in all cases involving specified felonies with a recommendation on whether a defendant should be released on their own recognizance. Existing law requires the report to be submitted to the court prior to a specified hearing. The bill would authorize an investigative report for every investigation by a court-employed investigative staff. If a report is issued, the bill would require the investigative staff only to include information relevant to the release of a defendant and would prohibit the investigative staff from soliciting from a defendant information regarding the circumstances of the alleged offense. The bill would require the report to be kept confidential and would not allow the report to be admissible on the issue of guilt in a criminal proceeding. (3) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and agencies, a public utility, or any other entity, if needed in the course of their duties, including the courts, district attorneys, and probation and parole officers. Existing law allows the department to furnish federal level criminal history information upon a showing, as specified, to various state and local government officers, officials, and agencies, a public utility, and any other entity. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime. The bill would also require the Attorney General to furnish state summary criminal history information to county staff performing pretrial release services, as specified, and if needed in the course of their duties, and allow the Attorney General to furnish federal level criminal history information to a treatment provider, as specified, with the consent of the subject of the state summary criminal history and for purposes of furthering the subject's compliance with pretrial release or diversion. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (4) Existing law requires a local criminal justice agency to furnish local summary criminal history information, as defined, to various state and local government officers, officials, and agencies, a public utility, or any entity, when the information is needed in the course of their duties. Under existing law, the disclosure of local summary criminal history information to an unauthorized person is a crime. The bill would also require a local criminal justice agency to furnish local summary criminal history information to a county staff performing pretrial release services, as defined, and would allow a local criminal justice agency to furnish local summary criminal history information to a treatment provider as specified, with the consent of the subject of the local summary criminal history and for purposes of furthering the subject's compliance with pretrial release or diversion. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (5) Existing law defines "criminal justice agencies" as agencies that perform activities that relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders. Under existing law, a criminal justice agency, among other things, compiles records and data for the purpose of identifying criminal offenders and maintaining specified information pertaining to each offender, including a summary of arrests and pretrial proceedings. The bill would include pretrial release within the definition of an activity of a criminal justice agency. By imposing a new duty on local government, the bill would create a state-mandated local program. (6) Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would make the report inadmissable in a criminal proceeding, as specified, thereby requiring this bill to be passed by a 23 vote of both houses of the Legislature. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.